It is hereby ordered that the following rules are adopted for all Branches for Portage County subject to further order of the court.
1. Court shall be formally opened each day upon which court business is transacted, either by the bailiff or the Clerk of Courts.
2. As the Judge enters the court room the bailiff or Clerk, of Court shall require all present to arise and stand. When the Judge has reached the bench the bailiff or the Clerk of Court shall say "Hear ye! Hear ye! Hear ye! The Circuit Court for the County of Portage is now open. Silence is commanded." All shall be seated and the business of the court shall proceed. Proper order and decorum shall be required of all in attendance at the court.
3. In the recessing the Judge shall announce: "The court is now in recess."
4. When the trial is to a jury, the jurors shall tale their places in the Jury box before the Judge enters the court room.
5. The flag of the United States shall, at all times while court is in session be displayed at, on, or in close proximity to the bench, on a standard to the right of the Judge.
6. Lawyers may never lean upon the bench nor appear to engage the court in a manner which would lessen the dignity of the proceedings in the eyes of the Jury and Public.
7. Lawyers shall examine witnesses from a position at the counsel table except when handling exhibits, unless a lectern is provided by the court, in which case the examination shall be either from said position at the counsel table or the lectern. Lawyers may either stand while examining a witness from the counsel table or remain seated there. In no case shall a lawyer crowd the witness stand in examining a witness.
8. Lawyers should not, in addressing the jury, crowd the jury box.
9. Lawyers, during trial, shall not exhibit familiarity with the court, witnesses, jurors or opposing counsel and generally the use of first names shall be avoided. Adult females shall be addressed with the title Ms.
10. All lawyers and court officers shall wear coats while in attendance upon the court, provided judicial discretion may be exercised otherwise in extreme situations.
11. Lawyers shall advise their clients and witnesses of the formalities of the Court, and seek their full cooperation therewith. (It is not contemplated the lawyers try to get clients and witnesses to wear coats but some advice to clients and witnesses as to general formality might be advisable.)
12. Witnesses shall be examined with courtesy and respect, and their good faith presumed until the contrary appears.
13. The swearing of witnesses shall be an impressive ceremony and not a mere formality.
14. In jury cases which are disposed of upon a motion for nonsuit or directed verdict, the judge, in dismissing the jury, should briefly explain the procedure and why a verdict was unnecessary.
15. In criminal cases, the defendant shall stand with his attorney before the bench at the time of arraignment, and at the time of passing sentence.
16. The Judge shall wear a robe while presiding on the bench, provided that judicial discretion may be exercised otherwise in proper situations.
17. There shall be no smoking or eating in the court room at any time. Drinking water may be available to jurors and participants in the trial. There shall be no smoking in jury rooms.
a. Threats are defined as written or oral declarations
of an intention to inflict injury or pain upon individuals employed by
or involved in the court system. Any threat shall be treated as
serious.
b. Security incidents are episodes of conduct in the courts in which the
physical health or safety of participants or the physical property of
the courts are put at risk
All threats and security incidents are to be immediately reported personally or by telephone to the sheriffs office.
The sheriff is directed to designate an officer to serve as a court security officer. The court security officer shall be responsible for:
Upon hiring, every employee (including elected officials) shall be trained in the policies and procedures of handling threats and security incidents, including the use and completion of the report form. Refresher training shall be scheduled for all court employees. All training shall be coordinated by the circuit judge, clerk, of court, and court security officer. To the extent possible, such initial and refresher training should include the following:
All certified law enforcement officers shall be entitled to carry a weapon in the courtroom while acting in their official capacity and with lawful authority. No other person shall go armed with a dangerous weapon in the courtroom.
(Amended May 14, 1996)
A. CANCELLATIONS
Settlement negotiations shall be completed and approved by the Court two work days before trial. The parties shall notify the Court of settlement by noon of the second work day before trial (e.g. if a jury trial is scheduled for Monday morning, it must be settled and the Court
so notified by noon on the previous Thursday). Failure to follow this rule subjects, the offending party(s), and/or their counsel, to the imposition of the costs.(Amended June 14, 2007)
B. VOIR DIRE EXAMINATION
In the selection of a jury for the trial of an action, the Court shall inform the voir dire panel as to the cause, parties and counsel, and the nature of the action, to the end that they may be sufficiently informed to answer questions touching upon their qualifications to act as jurors. The Court shall next ask questions pertaining to the qualifications of the jurors, and the parties or their counsel shall then ask questions pertaining to the qualifications of the jurors.
After the jury has retired to deliberate upon a verdict in a civil action, the Court shall state on the record, in the presence of counsel for all the parties, that it will be in session or will sit between stated hours for the purpose of further instructing the jury or receiving a verdict, and that if any counsel is not present at such time or times, his presence will be deemed waived.
A pretrial conference shall be held in all civil jury actions. A pretrial conference shall be attended by the attorney in charge of the trial or, with prior approval of the Court, by an associate attorney having authority to bind the trial attorney, and the attorneys shall have their clients or an authorized employee of their clients present, or in lieu thereof, shall have express authority to bind such clients as to all matters upon the pretrial agenda, including settlement. Each attorney shall furnish to the court at the pretrial conference, with copy thereof for opposing counsel:
The unexcused failure to appear at a scheduled pretrial conference may, within the discretion of the judge conducting such pretrial conference, subject the defaulting party to dismissal of the action, imposition of costs or other sanctions within the discretion of such judge.
Immediately after the jury retires, counsel shall call to the courts attention obvious omissions or inadvertent errors contained in the instructions, in order that appropriate and timely correction may be made by the Court.
All cases arising out of the same transaction or the same act or acts of negligence may, on motion of any party, or on order of the Court on its own motion, be consolidated for the purpose of trial.
The foregoing rule for consolidation shall not apply when it appears to the Court that application thereof would work manifest injustice to any party.
Requests for continuances shall not be made on an ex parte basis. Consent of opposing counsel to a continuance will not be recognized as per se warranting the continuance.
Counsel will not be permitted to argue or comment upon the admissibility of evidence during the trial of cases except upon leave first granted by the Court.
Unless the Court shall otherwise direct, before submitting to the Court any proposed order, finding, conclusions of law, or judgment a copy shall be submitted to opposing counsel. The foregoing shall not apply to orders to show cause.
Within reasonable discretion, taking into consideration all the evidence produced at the trial, the Court may limit the arguments of counsel as to the time thereof. Counsel shall be advised of such limitation prior to the commencement of arguments.
The clerk shall take a receipt for all files or papers withdrawn from his office. No court file or paper may be withdrawn for outside of the courthouse except upon the order of a judge of the court who shall limit the period during which it may be withdrawn.
Requests for instructions shall be served on opposing counsel and submitted to the Court 48 hours in advance of at the pretrial conference unless the trial judge otherwise permits. Any non-standard instruction shall be on a separate sheet and each shall have noted thereon the citation of authorities relied upon to sustain such instruction. When an instruction is requested from Wisconsin Civil, Criminal or Juvenile Instructions it may be cited solely by number unless modifications are requested. Any modification shall be submitted as above.
Trial briefs furnished to the Court shall first be served on opposing counsel, unless counsel shall have in writing (or orally upon the record at the pretrial conference) stipulated:
All stipulations to hold cases open shall provide for final disposition of the cases within State recommended Case Processing Benchmarks or shall include the court's express approval of the delay.
(A) RECEIPT OF EXHIBITS IN THE COURTROOM
Receipt of exhibits in the courtroom should be carried out using the following procedures:
1. Number the exhibits consecutively regardless of which party offers the exhibit.
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EXAMPLE: |
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Plaintiffs |
Exhibit 1 |
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Defendants |
Exhibit 2 |
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Defendants |
Exhibit 3 |
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Plaintiffs |
Exhibit 4 |
2. Place a label (or a tag for large, bulky exhibits) on each exhibit
with the following information:
* Exhibit number
* Case number(s) * Date
* Clerk's initials
3. When using stamps or stickers, be careful not to obliterate important portions of the exhibit or make it difficult to identify the exhibit as to case number, exhibit number, etc.
4. Do not use tags unless absolutely necessary, but when necessary, use a heavy tag rather than a slip of paper, which can easily become detached.
5. Place small exhibits in small fastener-type envelopes, marked properly and fastened (one exhibit to an envelope, if possible).
6. Mark filed papers as exhibits when authorized by the presiding judge. Certified copies may be used as exhibits.
7. Only a deposition offered in whole or in part during a court proceedings should be marked as an exhibit. However, exhibits to a deposition may be marked as such.
8. Exhibits previously marked in another proceeding should be remarked.
9. If any exhibit is presented in a container, inquire if the container is to be included as part of the exhibit.
10. After an exhibit has been received (admitted into evidence), do not allow it to leave the possession of the clerk without a court order or until it has been determined that the case will not go to appeal, unless counsel moves to withdraw an exhibit and the court so orders. Denied exhibits may be returned to parties although the identification remains on the exhibit list. It is not necessary to store juvenile exhibits separately.
11. Maintain an exhibit list form containing the following
information:
* Date of Hearing/Trial
* Date Judgment Filed
* Case Number
* Case Title
* Attorneys' Names
* Exhibit Description
* Received
* Offered
* Withdrawn
* Denied
(B) STORAGE OF EXHIBITS DURING TRIAL
Storage of exhibits should be carried out using the following procedures; except as otherwise ordered by the Court:
1. Keep all exhibits in a locked security file in the courtroom during the trial. Narcotics, weapons, money, valuable or sensitive materials should be secured in a file cabinet during court recesses, lunch hours, and at other times when exhibits are unattended by the courtroom clerk.
2. If a security storage cabinet or vault is not available in the courtroom, place narcotics, weapons, money, valuable or sensitive materials in the clerk of courts vault each night.
3. Oversized exhibits except for sensitive or dangerous items may be stored in the courtroom, if the courtroom is kept locked.
4. Keep denied exhibits and others to be withheld from the jury separate from the admitted exhibits during the trial.
5. Keep admitted exhibits in numerical order during the trial.
6. If counselor the court take an exhibit from the clerk during trial, the clerk shall make a note of the number of the exhibit and who has taken it.
7. If at the conclusion of the trial counsel stipulates and court approves, large and unwieldy exhibits can be represented by a photograph. The photograph shall be marked with the same information as the exhibit.
(C) EXHIBITS COORDINATOR
Assign a staff person (and alternate for larger courts) to act as an "Exhibits Coordinator" to oversee all exhibit policies and procedures; ensure proper labeling, storage and tracking; monitor retention periods and appeals progress; send notices to parties; transfer, return and destroy exhibits.
A key function of any exhibits coordinator should be to remind clerks of court and judges to have stipulations signed in court when the parties are present and to return exhibits immediately after trial, when possible.
It may be more appropriate to consider assigning a "criminal/traffic" exhibits coordinator and a "civil/small claims/family" coordinator, or some other variation, depending on the size, logistics and organization of the court.
(D) MANAGING EXHIBITS AFTER TRIAL
Exhibits should either be returned, retained or disposed of after trial using the following procedures, except as otherwise ordered by the Court:
1. Retention Period for Exhibits (SCR 72.01(45),(46)
Both criminal and noncriminal case exhibits have a one year retention after the time for appeal has expired, provided the exhibits have first been offered back to the parties that submitted them as evidence (or a signed stipulation releasing the exhibits had previously been acquired.) The time period to allow for appeals to be initiated is 120 days starting with the date of the final judgment or order.
To monitor retention for final disposition, use a computerized inventory and monitoring system to locate, track and dispose of exhibits, or use the copy of the law enforcement receipt as an indicator in a manual calendar or "tickler" system for timely disposal.
2. Handling of Exhibits After Trial
Standard policies and procedures for managing exhibits after trial should be established and applied in a routine, systematic manner in the normal course of the court's business.
a. At the conclusion of civil and family trials, ask the attorneys
"on the record" whether they will stipulate to the release of all or a
portion of the exhibits. If so, have each party sign a stipulation and
order releasing exhibits (Form CF-102). If possible, have the
stipulation signed in advance.
If the parties sign a stipulation regarding the exhibits, dispose of all
exhibits in accordance with the stipulation after the mandated one year
retention (allow 120 days for appeal period to expire). An exhibit that
is returned to the parties immediately (within 30 days) after trail via
the signed stipulation releases the clerk from the custodian obligation
to store and retain the exhibit for the required period under SCR 72.
Notification of the State Historical Society is not required for
exhibits to be destroyed.
b. At the conclusion of criminal, traffic, and juvenile trials, if there
is an acquittal, inform the parties submitting the exhibits to remove
them within 30 days or less. If there is a conviction, exhibits should
be retained and stored in an orderly fashion in a locked vault or room
at one location.
c. Exhibits that are withdrawn remain listed on the exhibit list (and
the withdrawal noted), but are not retained by the clerk This releases
the clerk from the custodial obligation to store and retain the exhibit
for the required retention period under SCR 72.
d. Exhibits that are denied admittance into evidence remain listed on
the exhibit list (with the denial noted), and are retained by the clerk
unless return to the attorney/party is specifically stipulated by the
court.
3. Retention of Exhibits as a Result of an Appeal
If a case is appealed, maintain exhibits until a decision is rendered,
then retain the exhibits for 120 days and one year from the date the
appellate decision was rendered. Follow the same procedures for noticing
parties as for exhibits from a trial court.
4. Retention and Disposal of Contraband Exhibits
Drugs, weapons and ammunition should be stored by law enforcement
agencies after trial. Storage at law enforcement agencies is generally
more secure and access better controlled. These exhibits, particularly
drugs, are attractive to theft. Court employees are not trained to
safely store and handle weapons and ammunition. Old ammunition may also
be unstable.
a. When transferring exhibits to the custody of law enforcement
agencies, get a receipt acknowledging transfer to their custody and file
the receipt in the case file or manual "tickler" system, noting on the
exhibits list where and when transferred.
b. After conviction, and after the appeal and retention periods have
passed, weapons should be sent to the state crime laboratory or the
sheriffs department for disposal. Drugs should be sent to the
confiscating agency or sheriffs department for destruction. These steps
are in compliance with s.968.20(3)(a)(b) and s. 161.55 of the
statutes.
5. Deposition, Interrogatories and Other Discovery Material
Prior to July 1, 1986, depositions and other discovery material were
required to be kept with the case file and comprised the greater volume
of some court records. Depositions, interrogatories and other discovery
material received prior to 7/1/86 should be purged and handled as
exhibits. After the related case has been disposed and the appeal period
has passed, they can be offered back to the offering parties by personal
or public notice and either returned or destroyed.
Relevant information contained in depositions, etc. is documented in transcripts and/or incorporated into the findings of fact and conclusions of law that result in a final judgment or order. This information is contained in the case file. Copies of depositions and interrogatories are also kept by the parties/attorneys involved.
As of July I, 1986, the law requires original depositions, interrogatories, demands to admit, and other discovery materials be retained by the party(s) or attorney(s) who initiated the discovery. Judges should be encouraged, when possible, to accept on the record only the relevant information or material of such bulky records to reduce case volume and long term retention problems. An option is to remove these documents from the case file, cross-reference and store in inactive or "dead" storage and, if not marked as an exhibit, return to the offering party immediately (within 30 days) after trial.
6. Money as Exhibits
Money which is the proceeds of crime or drug sales must be forfeited to
the state and/or county in compliance with s.161.55(5)(b) and s.945.10
of the statutes; and with regard to Article X, Section 2 of the State
Constitution.
a. Gambling proceeds must be forfeited to the state school fund under
s. 945.10 of the statutes and Article X, Section 2 of the State
Constitution.
This can be accomplished by order of the judge with a copy of the order
sent with the check to the State Treasurer as a separate submission from
the regular monthly report.
(Amended September 13, 1996)
a. Deposit and Billing: Petitions for the appointment of Guardian ad litems in custody disputes shall be accompanied by a fee deposit of $500.00 or a court order waiving the fee on grounds of indigency. Attorneys appointed to act as Guardian ad litem in family matters shall send each party an interim billing on a monthly basis itemizing time and expenses and depicting each party's share of the balance due. The Clerk of Court shall disburse the GAL deposit on receipt of an itemized statement showing time and expenses in excess of the deposit.
(Amended November 7, 2001)
b. In family law cases, upon request by a party for the appointment of a Guardian ad Litem, the Court, or Family Court Commissioner shall appoint an attorney on the Guardian at Litem list. If all parties are in agreement, and the proposed Guardian ad Litem is willing to act, the Court or Family Court Commissioner may approve the appointment of the agreed upon attorney.
(Amended September 14, 2007)
All domestic abuse and harassment restraining orders shall be signed by the Family Court Commissioner unless unavailable. The Family Court Commissioner shall also conduct all hearings on such petitions} unless tmavailable or a conflict exists.
(Amended September 14, 2007)
3A Testimonial Privilege: Any counselor who mediates custody or visitation issues in family actions on order of the Family Court Commissioner shall be accorded a testimonial privilege under Sec. 767.081 (1) Stats.
3B. Family Court Commissioner shall order Mediation in all disputed custody or placement cases. A participant may request waiver of mediation for danger or hardship at any time in the proceeding. The Family Court Commissioner shall determine waiver.
3C. Family Court Commissioner shall approve qualifications of all mediators prior to service. Minimum requirements:- State certification
- Training on dynamics and effect of domestic violence3D. Parties may hire a qualified private mediator subject to Family Court Commissioner approval. Without an agreement or approval, Family Court Commissioner shall assign mediator from Portage County list. County mediators must agree to work at the County's current contract, and complete one pro-bono mediation out of ten assigned cases.
3E. Before the assignment, each party must pay the mediator a deposit for one hour of service, and file a parenting plan and a Financial Disclosure Statement with Family Court Commissioner.
3F. Family Court Commissioner may waive or reduce the deposit requirement, and may require a payment plan on a wage assignment to recover any fees paid by County.
3G. County shall pay the mediator for the first hour of mediation. Thereafter the parties may the mediator directly. Any unused balance of deposits shall be divided equally between parties and returned to poster.
3H. Mediators may request County reimbursement for fees incurred beyond the initial three hours, but the expectation is the matter will be resolved in the initial time period. If the County pays for any services beyond three hours, the parties shall reimburse the County for any expense incurred. Family Court Commissioner determines need for more mediation.
31. Family Court Commissioner shall conduct a pretrial conference to discuss issues, and pragmatics of the court case. Family Court Commissioner shall determine impasse in mediation based on mediator's report and refer the matter for court proceedings. Family Court Commissioner shall appoint guardian ad litem from court list.
(Amended September 14, 2007)
Each party ordered to make payments for maintenance, child support, or family support under interim or final orders in an action affecting the family shall pay to the Child Support Enforcement Trust an annual receiving the disbursing fee of $35.00. Only one fee shall be imposed on any individual payor for each case file.
Each annual fee payment shall be made at the time of, and in addition to, the first payment to the Child Support Enforcement Trust in each year for which payments are ordered.
Every party ordered to make payments of an annual receiving and disbursing fee shall be notified of the requirement to pay the fee and the amount of the fee by including the provisions concerning the fee in any subsequent written order.
Any stipulation under which a party is to make maintenance payments,
child support or family support payments shall include the requirement
to pay the annual receiving and disbursing fee.
In all actions affecting the family in which the court has, before the
effective date of this rule, ordered an annual receiving and disbursing
fee to be paid, the amount of the fee shall be the amount established
by this rule, payable on the anniversary date of the first payment.
Future amendments to 814.61 (12) (b), Wisconsin Statutes, are incorporated into these rules as they become effective.
(Amended September 14, 2007)
All parties with minor children are required to attend an educational program on the effects of divorce on children unless excepted by the Court is entitled "Parents Forever Seminar". The petitioning party must serve the other party with a copy of a Court Order requiring attendance at the educational program along with the Summons and Divorce Petition. Signed orders can be obtained from the Portage County Clerk of Court's office.
(Amended September 14, 2007)
Any person who is to receive a court ordered support, maintenance, costs or appearance payment, temporary or permanent, shall submit to the Court for signature a completed Interim Disbursement Order (FA-607) at the time of entry of the order. Forms may be obtained from the Clerk, of Court's office for this purpose.
(Amended December 11, 1998)
To protect individuals from identity fraud, the social security numbers of the parties and their children may be placed in a sealed envelope in the court file. The divorce or paternity petition, and the findings of fact, conclusions of law and judgment of divorce or paternity should then refer to the separate filing containing the social security numbers. All financial records and information, and health records shall be sealed and marked confidential to be opened only upon order of the Court.
(Amended February 4, 2004)
1. The service of a summons upon any resident of Portage County in all actions under Chapter 799 Wis. Stats., except eviction actions, may be by mail under 799.12(3) Wis. Stats. in lieu of personal or substituted service under Section 801.11 Wis. Stats.
2. Plaintiffs and defendants shall appear in person or by counsel at all joinder/pretrial hearings. If, however, a defendant is a non-resident of the State of Wisconsin, then such defendant shall be permitted to join issue in any of the actions specified in Section 799.01 without appearing on the return date by answering by mail, provided such answer is received by the Clerk prior to the return date.
3. All actions commenced by service of process outside of Portage County shall contain information justifying venue in Portage County.
4. Each party shall prepared to try all issues at the initial joinder hearing. In the event a party believes they can not try all issues on the joinder date they shall request an adjournment stating the reasons for the request. They shall advise the Court of the number of witnesses they expect to call and the estimated time required to complete any trial.
5. An order to show cause directed to a judgment debtor seeking contempt for failure to comply with an order under 799.26(a) Wis. Stats. shall, unless otherwise directed by the Court, be served personally upon such judgment debtor.
6. Actions for a money judgment based upon accounts for materials or services, or actions for money judgment or replevin based upon a note may be scheduled for a fast track procedure when the plaintiff expects the matter to default. The plaintiff shall identify the case as such by placing the letters FT on the summons to the right of the location provided for the case file number. All cases so identified shall be scheduled at a separate time on the next available joinder date. Cases will be grouped and called in order by plaintiffs attorney or plaintiff.
Cases which the plaintiff does not expect to default should not be identified for fast track appearance. A continuing abuse of the procedure's availability may result in termination of the procedure, or an order barring its use by an individual plaintiff or attorney.
(Amended July 10, 1997)
1. The Portage County Victim/Witness Coordinator shall provide notice to victims as required Sec. 48.346.
1. All jurors may be required to provide up to five days of service pursuant to Statute 756.28(2).
In each case file, the initial pleading or document filed by an attorney on behalf of a client shall include the State Bar identification number of the attorney on the first page of the document.
Judges assigned to cases within Portage County shall coordinate their scheduling through the secretary or staff of the court branch to which they are assigned to obtain a courtroom assignment. In the event no such assignment is obtained, any case scheduled shall be considered subsequent in priority to those cases scheduled by the sitting judge.
(Amended February 7, 1995)
Dated and signed at Stevens Point, Wisconsin, this 14 day of September, 2007.